On October 28, 2026, the Federal Trade Commission issued special orders under Section 6(b) of the FTC Act to nine companies—Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart—requiring detailed information on whether and how they use personal data to set individualized prices or compensation. The inquiry corrects the approach of a 2024 study and gives recipients 45 days to respond. Law teams at retailers, platforms and any company using algorithmic pricing should inventory data inputs and prepare for potential follow-on enforcement or legislative proposals.
The FTC’s October 28 inquiry into personalized pricing and compensation puts algorithmic pricing practices under formal study for the first time in a way that reaches the companies actually setting consumer prices and worker pay. Chairman Andrew N. Ferguson said the agency intends to scrutinize “the opaque methodology that some companies in these industries may be using to determine how much consumers pay or how much gig workers are paid for the same product or service.” The orders do not allege wrongdoing; they are study tools. Companies that receive them, and others that rely on similar tools, now face a concrete 45-day response window and longer-term disclosure risk.
This is not legal advice. Consult counsel on any response to an FTC special order or on pricing practices that use personal data.
What changed?
FTC issued 6(b) special orders to nine companies on October 28 requiring documentation of pricing and compensation methodologies that may incorporate personal data or AI analysis.
When?
Orders dated October 28, 2026; recipients have 45 days from receipt to respond. Commission vote was 2-0.
Who is affected?
The named airlines, ride-share, delivery and retail firms, plus any company whose pricing or wage tools use browsing history, loyalty data, phone usage or similar inputs.
What to do this week?
If ordered, assemble counsel and data-science leads to map inputs, tools and procedures. If not ordered, review whether current practices would survive the same questions and update disclosure language.
What did the FTC order on October 28?
The Commission ordered the nine firms to turn over information that will let staff assess whether the price of a ticket, ride, delivery or other product varies from person to person based on loyalty-program participation or analysis of personal data by algorithms. For gig platforms, the orders also seek the inputs, tools and procedures used to set or adjust driver compensation, including factors such as phone usage or acceptance history. The agency noted that its 2024 study examined only middlemen consultancies and “learned nothing about actual pricing decisions.” This study “corrects the Commission’s mistaken 2024 approach.”
How does a Section 6(b) special order work?
Section 6(b) of the FTC Act authorizes the Commission to require companies to file reports or answers in writing on any matter under the agency’s jurisdiction. The orders do not require a law-enforcement purpose; they support studies that inform Congress and future enforcement. If a company fails to comply, the Commission can seek a court order. The public release states recipients have 45 days from receipt. The vote to issue the orders was 2-0.
Why is the inquiry focused on these industries now?
The FTC said it is examining both consumer prices and worker compensation in sectors where algorithmic tools are widely used. In August 2026 the Commission had already invited public comment on a proposed enforcement policy statement describing how undisclosed use of personal information to set a unique price could violate the FTC Act. The October 28 orders move from policy discussion to direct information requests from the companies that set the prices. Several companies, including Delta and JetBlue, have publicly stated they do not use personal data to set individualized fares.
What should legal and compliance teams do this week?
Companies that received an order should immediately engage outside counsel experienced in FTC 6(b) responses and preserve relevant data. Map every data input that touches pricing or compensation algorithms, document model governance, and identify any consumer-facing disclosures. Companies that were not ordered should treat the questions as a readiness checklist: which personal-data fields, if any, influence price or pay, and are those uses disclosed? Update privacy notices and internal AI-pricing policies accordingly. Document the business rationale for any remaining uses so that future inquiries can be answered cleanly.
What should operators watch next?
The Commission will use the responses to publish a study intended to inform regulators and lawmakers. That study, and any subsequent enforcement policy statement, could expand the set of practices the FTC views as unfair or deceptive. Parallel state attorney-general interest in algorithmic pricing remains possible. Companies should also monitor whether the inquiry expands beyond the initial nine recipients. Related prior coverage on Kurums includes the October 18 note on AI-assisted retail pricing tools and the broader surveillance-pricing discussion.
Frequently Asked Questions
Does the order mean the FTC has found a violation?
No. The orders are study tools under Section 6(b). They do not allege wrongdoing.
How long do companies have to respond?
Forty-five days from receipt of the order.
Which companies received the orders?
Delta, United, JetBlue, Lyft, Uber, DoorDash, Instacart, Target and Walmart.
Can the FTC force compliance?
Yes. The Commission can seek a federal-court order if a recipient fails to provide the required information.
What should other companies do even if they were not ordered?
Inventory any use of personal data in pricing or compensation algorithms and ensure disclosures match actual practice.
Last Updated: October 29, 2026.
Related: Consumer and Regulatory Scrutiny of AI-Assisted Retail Pricing Tools · AI-Assisted Retail Pricing Under Scrutiny · Law Department Hub
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